The deliberate physical act of obscene exposure in public or in view of the general public by a person of a portion or portions of their body, where the exposure is contrary to local moral or other standards of appropriate behaviour is an offence.
Section 5 of the Summary Offences Act 1988 (NSW) states:
“A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person”.
An offence of Obscene Exposure is what is known as Summary offence which means that the matter will be finalised in the Local Court.
The nature and elements of the offence of Obscene Exposure were considered in R v Benson; Ex parte Tubby (1882) 8 VLR (L) 2 (FC) (at 5): A person may still find themselves in trouble for obscene exposure even if they are unseen, as the court stated in a joint judgment:
“It is quite unnecessary to prove that the prisoner was actually seen by anyone on the highway when he was exposing himself; it is sufficient that he was in view and could have been seen by any person there.”
The maximum penalty for the above-mentioned charges is imprisonment for 6 months, or an $1100 fine, or both.
However, these penalties are reserved only for the worst kind of offenders.
In NSW, a court can impose any of the following penalties for an Obscene Exposure charge:
Since Obscene Exposure offence is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must be able to prove every element in the charge beyond a reasonable doubt in that:
Some of the possible defences available for those charged with Obscene Exposure include:
For Obscene Exposure, Rep-Revive Criminal & Employment Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
There are several reasons to engage Rep-Revive Criminal & Employment Lawyers®:
At Rep-Revive Criminal & Employment Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner.
Rep-Revive Criminal & Employment Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.
Rep-Revive Criminal & Employment Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal & Employment Lawyers® who have been in the provision of legal service for over 21 years.
If you are caught up in this charge our team at Rep-Revive Criminal & Employment Lawyers® are best suited for representing your case.